IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.01.2026 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.A.Nos.3835 & 3890 of 2025 Senthil ... Appellant in W.A.No.3835 of 2025 Thiyagarajan ... Appellant in W.A.No.3890 of 2025 -Vs-

1. The Additional Chief Secretary to the Government of Tamil Nadu, Home (Tr.II) Department, Fort St.George, Chennai – 600 009.

2. The Transport Commissioner, Ezhilagam, Chepauk, Chennai – 600 005.

3. The Commissioner for Disciplinary Proceedings, Coimbatore. ... Respondents in both W.As COMMON PRAYER : Appeals filed under Clause XV of Letters Patent, against the orders dated 17.12.2024 in W.P.Nos.1215 & 1210 of 2022.

For Appellants : Mr.K.Raja in both W.As for Mr.Kaviveerappan For Respondents : Mr.S.Yashwanth in both W.As Additional Government Pleader

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

Since the issue raised in both these writ appeals is a common one arising out of the same disciplinary proceedings, we with the consent of the learned counsel appearing for both sides, heard both the matters together and disposed of by this common order.

2. The appellants were the employees of the respondent Department.

While they were working in Regional Transport Office, Salem (West), a surprise check was conducted on 15.02.2013 by the Vigilance and Anti-Corruption officials and they allegedly found that, there were some irregularities of engaging private individuals to obtain illegal gratification on behalf of the appellants. Therefore, the charge memo dated 02.09.2014 was framed which was heard by the Tribunal for disciplinary proceedings, Coimbatore and based on the report given by the Tribunal, the punishment of stoppage of increment for three years with cumulative effect has been inflicted by the Disciplinary Authority against both the appellants by separate Government Orders, i.e., G.O.(2D)No.301, Home (Transport-II) Department, dated 01.12.2021 and G.O.(2D)No.302 of the same Department dated 01.12.2021.

3. Challenging these orders of punishment, the respective writ petitions, i.e., W.P.Nos.1215 & 1210 of 2022 were filed, both the writ petitions were separately disposed on the same day by the respective impugned orders dated 17.12.2024 by the writ Court, where the writ Court dismissed both the writ petitions. Aggrieved over the same, the present intra-Court appeals have been directed.

4. Heard Mr.K.Raja, learned counsel appearing for the appellants and Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents.

5. Mr.K.Raja, learned counsel appearing for the appellants pointed out that, in both the writ petitions, the respective impugned orders were G.O.(2D)No.301, Home (Transport-II) Department, dated 01.12.2021 and G.O.(2D)No.302, Home (Transport-II) Department, dated 01.12.2021 whereby the punishment of stoppage of increment for three years with cumulative effect has been inflicted against the appellants. When this was questioned before the writ Court, the writ Court has taken the issue in different footing as if that the appellants / petitioners have sought for relief to get the promotion despite the punishment having been suffered by them. Only on that premises, both the writ petitions were dismissed by giving reasons that, in view of the sufferance of punishment by these appellants who were the writ petitioners, they are not entitled to get any further promotion, therefore, as against the punishment, if at all, they want to prefer any review under Section 37 of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, they can prefer such review, with that liberty, the writ petitions were dismissed. This approach on the part of the writ Court may be an erroneous, the learned counsel appearing for the appellants would submit.

6. We have also heard Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents who would submit that, even though there has been hostile of w